Hayward v. St. Louis & S. F. R. Co., 196 Okla. 576

Summary

The Oklahoma Supreme Court affirmed judgments for a railway company in an overflow damage action involving flooding of the plaintiff's property. The court held that the plaintiff could not challenge a jury instruction concerning unprecedented rainfall and the act of God defense because he had neither objected to the instruction nor requested a more specific one.

Holdings

1. An appellate court will not consider an alleged defect in a jury instruction when the record does not show that the appellant excepted to the instruction, otherwise called the defect to the trial court's attention, or requested a more definite or specific instruction on the issue.

Questions Presented

1. Whether the Supreme Court could review the alleged defect in the jury instruction concerning the railway's liability when unprecedented floods or rainfall combined with the railway's alleged negligence to cause the damage.
2. Whether the judgment for the defendants should be affirmed.

Disposition

affirmed